Colorado-Medical-Marijuana-Blog

When considering the recent federal ruling by the Supreme Court regarding the legality of marijuana possession, it is easy to see that along with the Presidential election in November, people can expect to see the marijuana debate explode. The Supreme Court ruled recently that marijuana, no matter if it is considered legal in a state, is still punishable under federal law. This means that regardless of whether states such as Colorado make marijuana legal for recreational use, federal agents will still have authority to prosecute those found in possession, whether it is a dispensary or an individual. Some representatives believe that if Colorado becomes the first state to make the substance legal under state law, this will draw attention from federal prosecutors to pursue legal action to a much stronger degree.

Problems continue to arise when it comes to the issue of medical marijuana legality in Colorado. With conflicting state and federal laws, officials are finding it difficult to sort out the proper legal stance when it comes to prosecution. The government position has been that marijuana is an illegal drug punishable under federal law. However, it has also been further clarified by David Ogden, a previous Deputy Attorney General of the United States in a memorandum sent to select U.S. Attorneys that they should not focus federal resources in their state on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medicinal use of marijuana. The issue that many have been running into is that the memo does not legalize marijuana nor does it protect users of the drug from federal prosecution. Exactly where the right or wrong areas are in this matter is still in question.

Conclusions drawn from a nearly 20 year study conducted by government-funded scientists has shown that smoking marijuana – whether for medical use or recreation – does not appear to affect lung function. The new research is said to be one of the largest studies to date on the effects of cannabis and whether long-term use causes pulmonary damage, specifically whether it is as harmful as smoking cigarettes. Researchers worked with over 5,000 people in three cities for a period of 20 years and were able to find that smoking regularly – the equivalent of up to a join per day over seven years – did not impair lung function. However, after a period of ten years, researchers did begin to see a decline in lung function, particularly among those who smoked more than one joint or equivalent per day as well as with those who also smoked cigarettes. Researchers believe that because THC has anti-inflammatory properties, the decrease in lung function among those smoking marijuana may have been staved off to a certain degree.

Oregon may soon join other states such as California and Colorado by legalizing marijuana for medical use. The Oregon Cannabis Tax Act has shown nearly twice the required amount of signatures it requires in order to make its way onto the ballot in November of 2012. Known as Initiative 9, the Tax Act will regulate cannabis not only for adult use, but will also license it for commercial sale. Farmers will see a definite benefit as it will allow them to grow it for biofuel, medicine, sustainable fiber and food uses. Although the Tax Act required at least 87,213 signatures in order to make it to the ballot, the Tax Act was turned in to the Oregon Secretary of State’s office with approximately 167,845 signatures, showing the large support group the Tax Act has in Oregon. The state will have 30 days to determine if enough of the signatures are valid to qualify the Tax Act for the ballot in November.

In recent studies presented in ‘The Open Neurology Journal’ by the Center for Medicinal Cannabis Research, conclusions have been drawn as to the actual benefit of marijuana in medical situations. Currently, medical marijuana uses are classified with the government as 'not tenable.' The study states that this federal classification, along with many of the political obstructions associated with it are considered a detrimental obstacle to marijuana’s medical process. Over the past ten years, the CMCR has conducted 13 studies showing the benefits of marijuana for a variety of serious illnesses including HIV, cancer, Parkinson's Disease and Multiple Sclerosis. The drug has proven beneficial to those afflicted with these and a variety of other illnesses in controlling and easing pain, reducing vomiting and nausea and increasing appetite in those suffering from these illnesses as well as from the side effects of chemotherapy and has proven to provide patients with long-term pain relief. The Center for Medicinal Cannabis Research aims to change the government’s classification of the drug with its findings.

The state of Colorado is preparing to lift a two-year dispensary moratorium July 1st and many dispensary owner hopefuls are chomping at the bit to begin the process of opening their own dispensary. With a market that is already completely over-saturated with medical marijuana dispensaries, these new hopefuls are in for quite a surprise. Although the moratorium will be lifted, many of the barriers will still remain. The cost of opening a business can be at least $100,000 or more and the regulatory requirements that go along with it are overwhelming. Coupled with the knowledge that marijuana is still an illegal substance according to federal law, this makes operation of a medical marijuana business even more risky. Despite the overwhelming odds, however, many are lining up to join the medical marijuana dispensary rush. With so many new hopefuls entering the market, this rush may create more problems with existing businesses who are already struggling to survive in an overly competitive business market.

When it comes to medical marijuana, Denver people are usually familiar with the billboards, banners and sign twirlers around the city promoting half-priced joints, cheap ounces and various edible products at a number of dispensaries and most people are also aware that many of these ads are targeting the type of crowd that has become stereotypical of marijuana use – the ‘stoners,’ rather than targeting the medical patients. Ads using words such as ‘kush’ and ‘420’ and promoting rock bottom prices and freebies have become the norm. Ads targeted toward the medical side of marijuana in Colorado are virtually non-existent and this has raised many issues and questions in the community about whether medical marijuana ads should be banned altogether. Many feel the marijuana ads do not promote its medical uses, but rather targets the ‘stoner’ community. If medical marijuana ads are banned because of a poor choice of advertising tactics, the medical marijuana community will have to rethink its marketing strategies entirely and perhaps turn their focus toward the internet community instead.

As the subject of medical marijuana in Colorado gains momentum, political figures are finding it more difficult to walk both sides of the fence and are being forced to choose a platform of either being pro medical marijuana or being against it and risk losing votes either way. President Obama is finding his stance on the subject particularly precarious as he is forced to comply with federal laws and back them without compromise. Although the state of Colorado has passed a law making medical marijuana possession legal, marijuana is still considered an illegal substance, punishable under federal laws. President Obama had made an earlier statement on the subject, saying they were not going to prioritize prosecutions of people using the drug. However, this statement preceded action by the U.S. District Attorney’s office to shut down 47 dispensaries in the state of Colorado. Some believe this goes against what President Obama promised in the beginning and these actions may hurt his chances for obtaining votes in the state.

In a segment that is scheduled to air this fall, 60 minutes interviewed Boulder District Attorney Stan Garnett on the subject of medical marijuana in Colorado. Garnett commented during the piece that his emphasis is always on public safety. However, he doesn’t feel that involvement by the federal government is necessary. Garnett feels that the government should not be making medical marijuana a top priority due in part to the fact that dispensaries that operate within state and local laws are paying taxes just like any other business. Sixty Minutes is expected to interview several dispensary owners in Boulder, Colorado as well. Colorado was also recently in the headlines as a focal point for a National Geographic series entitled, ‘American Weed,’ which put the North Boulder Wellness Center in the spotlight.

As Amendment 64 gains strength, more and more opposition is gaining strength as well. Members of groups from both sides of the subject are voicing louder concerns about whether to make marijuana in Colorado legal. A citizen group called Smart Colorado has begun the attempt to enlist the help of the U.S. Attorney General, Eric Holder, to put a stop to Amendment 64. The Amendment, if passed, would allow adults in the state of Colorado to possess up to one ounce legally of the substance without fear of legal action by the state. Smart Colorado members are urging Holder to aggressively oppose the measure, stating that many citizens are unaware of the serious legal and policy implications of passing such a law. Members of groups who are in support of Amendment 64 are saying that involvement by Holder is unnecessary and just an attempt by a group of law officials to interfere with Colorado’s business industry.